Important Things To Know When Getting A Divorce

Law Blog

Are you thinking about getting a divorce or are in the process of getting a divorce? Are you wondering whether you should hire an attorney to handle your case or not? When thinking about hiring a lawyer, it's important to have as much information as possible. Here are some things you should know about divorce cases:

Are attorneys needed for a simple divorce? The two of you may have decided to part as friends, but there's no guarantee that the situation will stay amicable. If your situation goes from cordial to hostile, a family law attorney can help you negotiate terms that you want. If the situation gets contentious and hostile, your attorney can keep a calm head so that you don't have to worry about your emotions getting in the way. Your attorney will communicate with the other side on your behalf so that you can avoid any heated telephone arguments. Even if both parties have come to amicable terms and signed an agreement, an attorney is helpful to review the legality of their agreement. This way, the divorce can be completed without delays caused by errors in the paperwork. 

Do I need to prove my partner was unfaithful for a divorce? All states now have some form of no-fault divorce. The divorce or dissolution will be granted as long as one side asserts that the marriage is irretrievable, broken, or there are irreconcilable differences between the parties. However, some types of conduct could be relevant for child custody issues. For example, if your spouse was convicted of driving drunk while children were in the car, the judge may use this in deciding whether or not minors are safe around your spouse. Make a list of possible actions by your spouse and ask your attorney about them well ahead of any court dates. Doing this will allow him or her to plan out what to say during your next court appearance.

My ex left a month ago and hasn't paid me any money, can I use their lack of support to obtain custody? In most jurisdictions, child support and child custody are two separate issues. Instead the court will decide custody on several factors, including the bond between the child and their caretaker, input from counselors, and the willingness of each party to allow the other parent to maintain a relationship with the child. Generally speaking, The courts do not want the non-custodial parent to feel as if they are paying to visit their children. However, if your partner has been gone for a significant amount of time without paying any support at all, ask a family law attorney, such as Patton Hoversten & Berg PA, if "child abandonment" applies to your situation. If so, that could affect the absent parent's ability to visit the children. 

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When it comes to fighting in court, it isn't always easy to stay strong, stable, and secure in your convictions. Fortunately, by working with a great lawyer, things become much easier. About ten years ago now, I was accused of a crime that I didn't commit, and it was really heartbreaking. I started thinking about what to do, and a friend of mine suggested working with a great lawyer. It was incredible to see how much help the lawyer was, and within a few months, I was proven innocent. This blog is here to help people who might be fighting legal battles of their own.